Constitutional Court

The President of the Assembly of Kosovo submitted Referral to the Constitutional Court on 22 June 2012 regarding the proposal of the Government of constitutional amendments, requesting from the Constitutional Court to assess whether two (2) constitutional amendments in the Constitution of the Republic of Kosovo, which were adopted on 12 June 2012 by Decision of the Government of the Republic of Kosovo, diminish rights and freedoms, as provided by Chapter II of the Constitution, The Court found that the President of the Assembly pursuant to Article 113, paragraph 9 is an authorized party to refer this case to the Constitutional Court, In order to confirm the constitutionality of the proposed amendments, the Court takes into account, not only the human rights and freedoms, contained in Chapter II, but also the entire letter and spirit of the constitutional order of the Republic of Kosovo, as well as the practice of many European countries, Ombudsperson Institution has reacted on this issue and his opinion is that abovementioned amendments do not diminish human rights and freedoms guaranteed by Chapter II of the Constitution of the Republic of Kosovo, Taking into account all circumstances in the reasoning, and pursuant to Article 113.9 and Article 144.3 of the Constitution, Article 20 of the Law and the Rule 56(1) of the Rules of Procedure, in its session held on 20 September 2012, the Constitutional Court decides that the Referral submitted by the President of the Assembly on 22 June 2012, is admissible for review, The new proposed amendment 1 – Amnesty, paragraph 1 which states:, “By amnesty, persons to be designated by name shall be, partly or fully, released, from criminal prosecution, their sentences shall be substituted with a more lenient sentence, or the sentence of such persons shall be omitted from the evidences on convicts”, The Court confirms by majority of votes: that paragraph 1 of Amendment 1 in respect to, „persons designated by name„ diminishes human rights and freedoms set forth in Chapter II of the Constitution;, Concerning the new proposed Amendment 1 – Amnesty paragraph 2 and 3 which state, “The Assembly of the Republic of Kosovo shall adopt the respective Law on awarding Amnesty. The Law on Amnesty shall be approved with 2/3 of the votes of all members of Parliament“, The Court decides by unanimity that the new proposed Amendment 1 – Amnesty, second and third paragraphs, does not diminish human rights and freedoms set forth in Chapter II of the Constitution, The Court decides by unanimity that the new proposed Amendment 2- Article 108 (Kosovo Judicial Council) of the Constitution does not diminish human rights and freedoms set forth in Chapter II of the Constitution, * Dissenting and concurring opinion of the judge Robert Carolan, The Judge of the Constitutional Court Robert Carolan concludes that all of the proposed amendments of the Constitution appear to be compatible with Chapter II (Articles. 21 – 56) of the Constitution of the Republic of Kosovo, therefore he considers that they would not diminish any rights and freedoms protected by those articles of the Constitution